Chicago Divorce Attorneys Focused on Protecting Women’s & Mothers’ Rights

For most families, divorces are extremely complicated and involve a lot of sadness, anger, stress, and confusion. At the Women’s Divorce & Family Law Group, our Chicago divorce lawyers work to make the divorce process more manageable and less stressful by explaining all relevant legal issues and responding to the individual client’s needs in each case. Our goal is to help women and mothers achieve the custody arrangements they need, emotional peace of mind, and the necessary financial security to successfully rebuild and restart their lives following a divorce.

As most people are unfamiliar with the legalities surrounding divorce, our lawyers can help you create and execute a plan to effectively manage the difficulties that come with ending a marriage. Some of these difficulties are transitioning to one income, potentially sharing parental responsibilities, and dividing property accumulated during your marriage. We will take the time to listen to your concerns and guide you through every aspect of your case.

Chicago Divorce Lawyers Dedicated To Serving Women and Mothers

While you may have a friend or family member who has gone through a divorce in recent years, it is often difficult to understand the nuances of divorce law without an experienced advocate on your side to help you through this process. In particular, given that divorce law in Illinois has gone through some major changes over the years, it is always important to discuss your situation with a dedicated Chicago divorce attorney who has experience advocating for the rights of women and mothers.

What is Illinois Divorce Law?

For women and mothers in the Chicago area, it is important to understand how the law in our state defines divorce. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs divorce proceedings, including issues such as property division and spousal maintenance. In Illinois, divorce is known legally as the “dissolution of marriage.” When there is a dissolution of marriage, an Illinois court can divide the marital property of a couple, and it can also make the decision to award spousal support if it is considered appropriate.

Elimination of Grounds for Divorce

Years ago, the law stipulated a number of “grounds for divorce.” Indeed, under Illinois divorce law, there were a number of grounds for divorce, including but not limited to:

  • Impotence;
  • Bigamy;
  • Adultery;
  • Abandonment;
  • Alcohol or drug addiction;
  • Physical or mental cruelty; and
  • Felony conviction.

Grounds for divorce allowed for a fault-based divorce in Illinois. When these grounds for divorce were still on the books as good law, couples in the Chicago area seeking a divorce still had the option to cite “irreconcilable differences” as a no-fault reason for divorce. However, as the majority of states have now recognized, faulted-based divorce is a somewhat antiquated notion. As such, changes to the law resulted in the elimination of grounds for divorce and fault-based divorce.

With the elimination of grounds for divorce, couples seeking to file for divorce can only cite irreconcilable differences, resulting in a no-fault divorce. Part IV of the Illinois Marriage and Dissolution of Marriage Act defines irreconcilable differences as those that “have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

It is important to mention that eliminating grounds for divorce has no bearing on spousal maintenance. However, the duration of spousal maintenance is related to the time between the date of marriage and the date of filing for divorce under current Illinois law.

We represent women in all types of divorce cases, from the simple, uncontested divorce to the complex, high-asset case or disputed custody cases. No matter the circumstances, our experienced lawyers will guide you through the process while providing you with all the information you need to make informed choices along the way. Our family law attorneys explain every step and determine which issues are most important to your situation while devising an effective strategy to deal with them.

Residency Requirements for No-Fault Divorce

To be eligible for divorce, the following must be true:

  • One of the spouses was an Illinois resident for a 90-day consecutive period prior to filing for divorce; or
  • One of the spouses was stationed in Illinois as a member of the armed services for 90 days prior to filing for divorce.

The amount of time required for living separate and apart was changed by the new laws. Whereas under the old law, couples would need to live separately and apart for two years before filing for divorce, now they must live separately and apart for only six months.

Contact a Chicago Divorce Lawyer

At the Women’s Divorce & Family Law Group, our experienced Chicago divorce lawyers are committed to protecting women’s and mothers’ rights throughout the Chicago area, and we can answer your questions today. Contact us to learn more about filing for divorce and seeking spousal maintenance.

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